We use cookies to customise content for your subscription and for analytics.If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Superannuation Alert 29.04.16

The Lander & Rogers Superannuation Alert is a brief overview of new developments in the superannuation industry.

On 7 April 2016, the New South Wales Court of Appeal (Court of Appeal) handed down its decision in TAL Life Ltd v Shuetrim; MetLife Insurance Ltd v Shuetrim [2016] NSWCA 68. The Court of Appeal allowed the appeals on the basis that the primary judge had erred in concluding that the insurers had breached their duties of good faith and dealing to the claimant, and erred in finding that the claimant met the TPD definitions in each insurance policy. Interestingly, the Court of Appeal stated when an insurer is making an assessment of TPD on the basis that the claimant is "unlikely ever" to return to employment for which he/she was reasonably qualified by education, training or experience, the "critical distinction is between possibilities which are readily contemplatable even though they may not be more probable than not, and possibilities which are remote or speculative. A real chance that a person will return to relevant work, even if it is less than 50%, will preclude an Insured Person being unlikely ever to return to relevant work."

All information on this site is of a general nature only and is not intended to be relied upon as, nor to be a substitute for, specific legal professional advice. No responsibility for the loss occasioned to any person acting on or refraining from action as a result of any material published can be accepted.

Related topic hubs

Compare jurisdictions: Arbitration

“The new ACC Newsstand is one of the best e-resources that I have encountered in 21 years of practicing Employment Law. The information is timely, helpful and easy to navigate. Thank you for offering it and please continue it indefinitely!!”